Coal plant operators would be wise to work with local communities when planning to wind up operations. A report issued last week by governmental actors offers guidance to local communities affected by any large power plant shutdown. The report, titled When People and Money Leave (and the Plant Continue Reading
Federal Appeals Court Sanctions National Labor Relations Board in Ongoing Battle over Management Rights Provisions in Collective Bargaining Agreements
Most collective bargaining agreements contain “management rights” provisions that many employers, unsurprisingly, believe grant them the right to manage their businesses without union interference. The National Labor Relations Board (“NLRB” or “Board”), however, has taken an increasingly dim view of Continue Reading
Some Real Numbers About Transitioning a Coal Plant to a Solar Farm
Is TCCWNA Unconstitutional? Our Three-Part Series Scrutinizes this Unique New Jersey Statute
This three-part article explores the possibility of raising due process and equal protection challenges to TCCWNA class actions, arguing that class actions brought under the statute violate the requirements of the Fourteenth Amendment’s Due Process Clause as interpreted by the Supreme Court, because Continue Reading
IRS Permits Self-Certification for Late Rollovers to Qualified Retirement Plans
Generally, an amount distributed from a qualified retirement plan (including an employer-sponsored plan and an IRA) is excluded from income if it is transferred to another plan within 60 days following receipt. In the past, if the 60-day deadline was missed, the IRS required that the taxpayer Continue Reading
Cybersecurity, Electronic Data and the Closure of Coal Plants
The obligation to protect electronically stored data is one thing that doesn’t change after a coal plant is shut down. In order to understand the legal rules that apply it’s helpful to divide the sources of electronically stored information available in plants into three categories: the operational Continue Reading
Employer’s Guide to Union Organizing Campaigns
In this environment, every employer may find themselves subject to union organizing efforts. Employer's Guide to Union Organizing Campaigns helps you guide your company through every stage of union organizing campaigns, so that you can react quickly, effectively, and legally even before organizing Continue Reading
New Jersey Court Confirms a PRP Letter Constitutes a “Suit” Triggering an Insurer’s Duty to Defend
A New Jersey Superior Court recently put to rest a tenuous coverage defense to which insurers stubbornly have clung in environmental coverage cases. The court held in Cooper Industries, LLC v. Employers Ins. of Wausau a Mutual Company et al., Docket No. L-9284-11, that a potentially responsible Continue Reading
In Luxury Fashion, the United States Is a Pirate
Luxury fashion is all about design. After design, come quality materials and workmanship, execution, branding, marketing and sales. But it starts and ends with the creative vision—the design—the protection of which is the lifeblood of the industry. China, for years the epicenter of fakes and Continue Reading
The Initial Steps
Brett Kahn co-authored the chapter "The Initial Steps" for the Third Circuit Appellate Practice Manual, 2nd and 3rd editions. Continue Reading